Lozeau v. GEICO Indemnity Co., 2009 MT 136

Summary

The Supreme Court of Montana held that equitable tolling could apply to a personal-injury action filed in state court after the statute of limitations expired, where the plaintiff had timely and reasonably pursued the claim in Tribal Court. The Court concluded that the plaintiff acted in good faith, the defendant received timely notice, and the defendant failed to demonstrate prejudice from the delay. The dismissal was reversed and the case was remanded for further proceedings.

Holdings

1. The District Court should have considered the Tribal Court pleadings and dismissal order because the parties had presented and discussed them, they were directly relevant to equitable tolling, and consideration of pleadings from a closely related proceeding did not create the notice and surprise concerns ordinarily requiring conversion to summary judgment.
2. Equitable tolling applied because Lozeau reasonably and in good faith pursued a possible Tribal Court remedy, timely notified Durglo through the first action, and Durglo failed to demonstrate prejudice in defending the later state-court action.

Questions Presented

1. Whether the District Court erred by declining to consider information about the related Tribal Court proceeding when deciding the Rule 12(b)(6) motion.
2. Whether equitable tolling applied to Lozeau's untimely state-court filing because she reasonably and in good faith pursued a possible remedy in Tribal Court, timely notified Durglo, and failed to cause prejudice.

Disposition

reversed_and_remanded